Local Government (Scotland) Act 1975

28 Reports on investigations. S

(1) In any case where the Commissioner conducts an investigation, or decides not to conduct an investigation, he shall send a report of the results of the investigation, or as the case may be a statement of his reasons for not conducting an investigation—

(a) to the person, if any, who referred the complaint to the Commissioner in accordance with section 24(2) of this Act, and

(b) to the complainant, and

(c) to the authority concerned, and to any other authority or person who is alleged in the complaint to have taken or authorised the action complained of.

(2) Where the complaint was referred by a person who was a member of an authority but who has since ceased to be a member of that authority, the report or statement shall be sent to the [F1 convener] of that authority.

(3) Apart from identifying the authority or authorities concerned, the report shall not [F2 , except where subsection (3A) below applies,]—

(a) mention the name of any person, or

(b) contain any particulars which, in the opinion of the Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, the Commissioner considers it necessary to mention the name of that person or to include in the report any such particulars.

[F3 (3A) Where the Commissioner is of the opinion—

(a) that action constituting maladministration was taken which involved a member of the authority concerned, and

(b) that the member’s conduct constituted a breach of the National Code of Local Government Conduct,

then, unless the Commissioner is satisfied that it would be unjust to do so, the report shall name the member and give particulars of the breach.]

(4) Subject to the provisions of subsection (7) below, the authority concerned shall for a period of three weeks make copies of the report available [F4 —

(a) without charge, for inspection and the taking of copies thereof or extracts therefrom; and

(b) at a reasonable charge, for purchase,

by any person at all reasonable hours at one or more of the authority’s offices.]

(5) Not later than [F5 two weeks] after the report is received by the authority concerned, the proper officer of the authority shall give public notice, by advertisement in newspapers and such other ways as appear to him appropriate, that the report will be available . . . F6 as provided by subsection (4) above, and shall specify the date, being a date [F7 not more than one week] after the giving of the public notice, from which the period of three weeks will begin.

(6) If a person having the custody of a report made available . . . F6 as provided by subsection (4) above obstructs any person seeking to inspect [F8 or purchase] the report, or to make a copy of, or extract from, the report, he shall be liable on summary conviction to a fine not exceeding [F9 level 3 on the standard scale].

(7) The Commissioner may, if he thinks fit after taking into account the public interest as well as the interests of the complainant and of persons other than the complainant, direct that a report specified in the direction shall not be subject to the provisions of subsections (4) and (5) above . . . F10

Textual Amendments

F1 Word in s. 28(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 100(7) (with s. 128(2)); S.I. 1996/323, art. 4(1)(c)

F2 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 32(2)(a)

F3 S. 28(3A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 32(2)(b)

F4 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 1(c)(i)

F5 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 1(c)(ii)

F6 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 4

F7 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 1(c)(ii)

F8 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), Sch. 1(c)(iii)

F9 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

F10 Words repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2) ss. 29, 41, Sch. 3 para. 14, Sch. 7 Pt. II